Dispatches from Birtherstan - for 26 May 2010

In today's dispatches, Dr. Orly is told by the courts in the Rhodes v MacDonald appeal "No, you can't have appeal, not yours, CASE CLOSED." Chris Strunk is told by the defense "shut up and go away". Dr. Orly does an interview on TV that's interesting in what she doesn't mention. WND has become de Vattel country. Anti-semite Andy Martin is flirting with the de Vattelists in hopes that he can whore his way to the top of the birther food chain. And it looks like the party's over in the Birther Civil Wars.

24 May - Dr. Orly hears from the Eleventh Circuit Court of Appeals in regards to her appeal of Rhodes v MacDonald.

"05/24/2010 Record and Exhibits Returned to District Court: 3 v. of roa.

05/24/2010 CASE CLOSED-Mandate Issued"

Dr. Orly better start checking behind the seats on the Tesla for spare change, or maybe sell The Dental Chair o' Luv on eBay......

24 May - The "Right Side of Life" plans to come back on line.

"Commentary will also be unmoderated but monitored to allow for a good and reasonable (hint, hint; nudge, nudge!) flow of discussion."

"Rightside Phil" is one of the few birthers that will let birther debunkers post at his site. He does tend to moderate those users a lot more heavily than the birther users though. Would like to see if he plans to be more even handed with the revamp.

That being said, I suspect Phil showed a bit more of his true colours with this message.

"We have a full-fledged Muslim in the White House who is hell-bent on changing America away from its core principles."

Sorry Phil, but bigoted much??

25 May - Chris Strunk, in esse, FDIC, CIA, PDQ, MOUSE, etc., gets a response in his ongoing lawsuit against, well, everyone.

"05/25/2010 RESPONSE IN OPPOSITION FILED [1246408] by Carlos Gutierrez, Janet Ann Napolitano, Nancy Pelosi, Barry Soetoro, COMM, DHS and United States House of Representatives to motion to expedite case [1245652-2] [Service Date: 05/25/2010 by US mail] Pages: 1-10. [10-5082]"

(Scribd link here)

"Appellees United States Department of Commerce, Bureau of the Census, Gary Locke, Secretary of the United States Department of Commerce, United States Department of Homeland Security, Janet Napolitano, Secretary of the United States Department of Homeland Security, the United States House of Representatives, Nancy Pelosi, Speaker of the United States House of Representatives, and Barack Obama1, President of the United States (“Federal Appellees”), respectfully request that this Court deny Appellant’s motion for an expedited appeal."

So far straightforward.

"In the caption and body of his complaint, 1 Plaintiff-Appellant lists the President of the United States as “Barry Soetoro” a.k.a. “Barack Hussein Obama.” The Clerk of the Court has listed “Barry Soetoro” as a named appellee. Undersigned counsel represents Barack H. Obama, President of the United States"

*snork*

25 May - David Weigel reports on an interview that Dr. Orly had with KABC

"I worked diligently 24/7/365 for the last two years in order to clean up massive elections fraud that we saw in the last election, when nobody was checking the eligibility of candidates and voters, when organizations like Acorn were registering people 70 times over and bussing people from state to state to undermine the whole system of legitimate elections. I am currently representing over 200 members of US military, state representatives from all over the country as well as candidates in 2008 election in different legal actions across the country, specifically dealing with elections. On my own dime, while working and raising my family with 3 children, I made 34 trips all over the Nation, flying red eye, meeting with election officials, FBI agents, assistant attorney generals, state representatives- discussing massive elections fraud and brainstorming solutions to clean up elections."

Notice she doesn't say why she was doing all of this, her fail record in the courts, or the $20,000 in sanctions.....

26 May - World Nut Daily's Joseph Farah has become a open de Vattelist.

"Let's see the birth certificate – as a starting point.

Let's hear from Obama on how, as the son of a foreigner from Kenya, his birth anywhere – in the United States or elsewhere – he could possibly qualify for the presidency as a "natural born citizen," as the term has always been defined."

Simple. The term "has always been defined" as either:

1) Born in the United States
2) Born outside of the United States to a US citizen parent or parents.

Since the State of Hawaii has confirmed Obama was born in that state, then under US law "has always been defined", Obama is a Natural-born US citizen.

Whereas Farah is a natural born liar.

26 May - Two hours late, but anti-semite Andy Martin comes though with his "unique insight" as to why Obama is ineligible.

"Andy Martin’s schedule is running late. His news conference will be at 4:00 P.M., not 2:00 P.M. as originally scheduled. Same location: Third Avenue"

I'm going to conclude there was a scheduling conflict with the unwashed street preacher with a megaphone who normally occupies that spot.

"Legal scholar and Obama author/film producer Andy Martin today presented the U. S. Army with a simple and direct explanation of why Barack Obama is ineligible to serve as President, and why Lt. Col. Terry Lakin lacks criminal intent in challenging Obama’s authority as Commander in Chief. "

I wouldn't call Lakin's willful disobeying lawful orders "criminal" per se, but it IS a violation of UCMJ.

"Martin’s letter to General George Casey provides unique insight into earlier unsuccessful lawsuits challenging Obama’s eligibility, and explains why the current military court martial of Lakin is based on a different legal foundation"

Yes, the other suit were in civilian courts, this is a military court. Next!

"Lakin is in the direct chain of command and has the right to question Obama’s legitimacy as a commander in chief."

Ummm, no. The only way Lakin would have been in the direct chain of command was if he or someone in his immediate chain of command reported directly to Obama. Nice try.

"I am completely independent and impartial in so far as the Lakin matter is concerned."

"...I'll whore myself to anyone giving me attention!"

"1. What is a “birther"

A crackpot conspiracy nutcase who's upset that Obama won the 2008 presidential election and is trying to explain away the win.

"While Obama’s 1961 birth certificate is of immense historical importance, that document is only peripherally necessary to a determination of Col. Lakin’s claim that the Commander in Chief needs to establish his legitimacy. (Obama’s document could potentially reflect a Kenyan or other foreign birth that was merely “certified” in Hawai’i. We don’t know.)"

I thought Martin kept insisting that Obama was born in Hawaii and that Frank Marshall Davis was the father. Hmmm, wonder if he's trying to "mainstream" his claims to fit what a lot of birthers already believe?

"Nevertheless, by his own admission, President Obama is not eligible to hold the office of president.

While Obama did receive more votes than John McCain, Americans were slow to realize that Obama simply lacked the constitutional qualifications to serve as president. Please allow me to explain."

Please do.

"While the term NBC did not have independent American meaning at the time of the Constitution itself, there was significant existing European literature that discussed and refined the term. Jay was a scholar and was probably aware of that writing. Thus, the founders can reasonably be presumed to have been aware of the significance of NBC term Jay requested be placed in the Constitution. That is why the “legislative history” is so sparse. They knew what they were talking about."

Wow. He managed to suggest de Vattel without actually mentioning de Vattel. That's almost in "Dancing with the Stars" land as a way of tapdancing around something.

And yeah, I suspect he's trying to establish himself as top birther dog now that Dr. Orly and Phil Berg have gone down as the birthers "great white hope".

"In a sort-of “search and avoid” mission we knew in Viet-Nam, liberal scholars recently have sought to “search” for the NBC term’s origins but “avert” their eyes from use of the term NBC in European literature during the second half of the eighteenth century."

1) No, they cite Blackstone quite often, as well as ALL of de Vattel, not just a single quote from a translation that post-dates the Constitution by ten years.

2) Wait a minute. Is Andy Martin actually suggesting he served in Vietnam?? Funny, even his own biography doesn't mention this.

That's REALLY tacky, even for Martin.

"The term NBC meant, and still means, someone who was not only born in a country but someone who had both of his parents as citizens of the country at the time of his or her birth."

I'm surprised Martin didn't just use the "blut und boten" phrase and be done with it.

And it's really funny that 200+ years of US law, case law, legal code, etc., fail to define "natural born citizen" in this manner, isn't it?

Martin certainly has gone to the de Vattel side of birtherdom though. I guess that's why he's not spinning his Frank Marshall Davis claim anymore.

"BHO had no ties to this country. He came here presumably on a student visa and very likely never even became a permanent resident. He left behind a Kenyan wife and children, and returned to them. Today we would call our president a “non-martial” offspring of BHO in preference to a harsher term in use at the time of Obama’s birth."

Sneaky way of calling Obama a "Bastard", eh??

"BHO had no ties to this country, yet through some process he deposited a “president” on our soil."

Isn't that process usually called "sex" ??

"That is exactly the type of tenuous connection to America that the founders thought should not permit someone to become president. They wanted to require a multi-generational presence as eligibility to serve as president. "

Funny how there's no mention of this anywhere in the US Constitution, isn't it?

"Ironically, I have advanced the theory that Obama’s real, or biological, father is Frank Marshall Davis. If my theory is correct, and only if my theory is correct, is Obama actually an NBC. Davis was indisputably an American citizen."

Oh ho! Now I see it. He's playing the de Vattel game in hopes of forcing Obama to admit that Frank Marshall Davis is his real father.

Sneaky. And lame.

"There have been many lawsuits exploring the NBC issue. I predicted they would fail, and I was correct."

Including his own. But that didn't take much - anyone with three brain cells to rub together would have known those cases would fail. Including cases that bring up the exact same definition of "natural born citizen" that Martin is trying to use.

I have over forty years of successful federal court litigation experience

If by "successful" you mean "declared a vexatious litigant", then yes.

"The left-wing mainstream media have tried to make a joke of Obama’s missing birth certificate."

Maybe because the birthers ARE a joke.

26 May - And maybe, just maybe, the Berg v Taitz birther civil war has drawn to a close.

(bold face mine)

"05/26/2010 ORDER (FUENTES, JORDAN and HARDIMAN, Circuit Judges) granting Motin by Appellants to Withdraw Appeal Pursuant to Fed.R.App.P. 42(b). All remaining motions are denied. Counsel are admonished to avoid further invective and to confine themselves to civil and appropriately focused filings in any further appeal, filed. Panel No.: DCO-119. Jordan, Authoring Judge. (SLC)"

*LAUGH!!!!* Like Dr. Orly could do that, ever??

(Scribd link here)

"1) Motion by Appellants to Withdraw Appeal Pursuant to Fed.R.App.P. 42(b);
2) Response in Opposition by Appellees to Motion to Withdraw Appeal, which also requests sanctions and costs;
3) Reply by Appellants to Response in Opposition and Response to request for sanctions and costs;
4) Motion by Appellees for Leave to Amend Response in Opposition to Motion to Withdraw Appeal;
5) Amended Response in Opposition by Appellees to Motion to Withdraw Appeal, which also requests sanctions and costs;
6) Motion by Appellants for Leave to Exceed the Page Limit in Their Reply to Appellee’s Response;
7) Response by Appellants to Motion by Appellees to Strike;
8) Letter from Pro Se Appellee dated May 12, 2010;
9) Motion by Appellants to Strike Pro Se Appellee’s letter of May 12, 2010

ORDER

The foregoing Motion by Appellants to Withdraw Appeal Pursuant to Fed.R.App.P. 42(b) is hereby GRANTED.All remaining motions are DENIED.Counsel are admonished to avoid further invective and to confine themselves to civil and appropriately focused filings in any further appeal"

So basically "Fine Berg, get this stinking mass out of our courtrooms. Dr. Orly, no you can't have award of costs, not yours. Here's a slap on the wrist for behaviour for both of you, now GIT OUT OF HERE!!!!"

This may have answered who was the worse lawyer though. Ultimately Berg DID have his request granted and Dr. Orly's request was denied.

Wonder if Dr. Orly will now try to appeal it.....

Comments

[milspec]

"Wonder if Dr. Orly will now try to appeal it....."

Almost a certainty.

[Mark]

I've noticed that Dr. Orly's web site has been broken/down for most of the day today... maybe she's having a meltdown over this?

I don't think, actually, that we could be that lucky. I'm waiting for her to post some rambling diatribe about "corrupt judges" after this.

[Bovril]

"No, let meeee feenish, eeeeevil ObOt LAme Stream Meddya is haxoring my site, siphoning of precious PayPal.

Lawsuit, usurper, evil mooslum, FEMA death camp, Death PAnels, Stalin is my FAcebook friend, need more attention..."

etc etc etc

I believe I have captured the intimate essence of Mad Ole Oliver the Tranny.

Oh, as an aside, before her infested cess pit of a site went down she was boasting of being invited to present at a conference of the International Criminal Court.......oh and please send me money to attend.

What she actually had was a robot email invite to a conference of the International Criminal BAR which is a self funded, legal networking and glad hand circle jerk.

The conference discussions, even better, are all about how the real ICC defends individuals who are being persecuted.......>8-)

[Kevin Bellas]

From Andy Martin's Bio.

"The First Consumer Advocate in Cyberspace Andy has become the nation's first Consumer Advocate in Cyberspace through his efforts to police the software industry and fight attempts to monopolize computer markets. His computer industry reform proposals have drawn worldwide attention. In 1995, Andy formed the first computer-oriented public interest organization, the Committee to Fight Microsoft (CTFM). The CTFM proposed new statutes to regulate computer industry abuses, led a boycott of Windows 95 and Windows 98 and has been vehemently attacked by Bill Gates and Microsoft Corporation.

Andy's creative legal strategies are largely responsible for the relentless governmental attacks on Microsoft. In 1995, Andy created the concept of energizing state attorney generals to fight Microsoft. He complained to all fifty (50) state attorneys general to take action under their consumer fraud statutes, thereby awakening the sleeping giant of state attorney general litigation. He pressured the Department of Justice to file antitrust charges. He lobbied on Capitol Hill for legislative action. In sum, he personalizes in one man the opposition to Bill Gates. Andy and his supporters continue to monitor the computer industry for abuses.
"

All I can say his effort must have dropped Wintel PC from 95% of the market to 94%. Good job, Andy!

Funny during all my time of watching the development of the Microsoft Anti-trust effort, I never heard anything about a Andy Martin being involved.

[G]

ROTFL! Good summary as usual Patrick.

There is more info on why Orly gave that TV interview for her CA SOS campaign at Dr. Conspiracy's site, which includes both her video and her SOS position statements as well as those of the other candidates. Well worth checking out:

http://www.obamaconspiracy.org/2010/05/new-orly-taitz-campaign-video/

Also wanted to give some feedback to some of the other commenters:

milspec - I agree completely!

Bovril - thanks for the info about Orly's ICC claims.

Kevin Bellas - hilarious! Good find. Yep, just like Orly, Martin suffers from delusions of grandeur, in addition to being completely delusional, period.

[Black Lion]

Just as an aside regarding Phil and tROSL, the reason that his site had become a ghost town before he left for a personal leave was that he began moderating the site and more often than not defending the likes of Steve Craig and Linda from the Patriots Heart network. Once that occured no "Obama supporters" posted there any longer. So all you had was the same tired posters agreeing with themselves. And the debate, which had set his site apart from the other birther sites was gone. It will be interesting to see if his site will ever recover and allow the freedom of debate.

[Phil]

Black Lion,

You offer an excellent point RE: moderation on my site. I didn't want to admit that moderation killed the debate (I had had moderation enabled for the vast majority of the beginnings of my site without a problem, except stalled comments), but that was apparently a wrong conclusion on my part.

Lesson learned. Now the site's back to an unmoderated (by WordPress) state, where the initial comment from an "unknown" commenter is first moderated and then the rest are typically let go.

It's a tough balance to keep a decent thread going, but I also know that the only way to grow is to discuss issues with those whom one disagrees. Unfortunately, on both sides, not everyone expresses the same good will.

We'll see what happens. I've had a flurry of postings lately as a means of "catching up," but expect that to slow down over time to maybe a few posts a week.

Best,

-Phil

[Patrick McKinnion]

Phil - Glad to hear that!

[GeorgetownJD]

Pat, you wrote:

""Rightside Phil" is one of the few birthers that will let birther debunkers post at his site. He does tend to moderate those users a lot more heavily than the birther users though. Would like to see if he plans to be more even handed with the revamp."

While it is true that Phil allows debunkers to post on his forum, the fact is that Phil allows birthers to post virtually any unsubstantiated assertion and erroneous pseudo-law at the same time that he posts snarky, highly critical comments of his own in response to those whose views do not conform to his own. To say that he "tends to" moderate is quite an understatement.

There was a time when I respected Phil, but he has confirmed what we debunkers have long suspected. His disdain for President Obama blinds Phil to publish smears concerning the good Christian family man who was duly elected to lead us for four years.

Phil and his faithful will never be persuaded. Their hatred blinds and deafens them to reasonable argument. The Right Side of Life may be back, but IMO it is best left to go the way of other RWNJ echo chambers.